Ward v. State
Supreme Court of Alabama
From the Circuit Court of Dale. Tried before the Hon. H. D. Clayton. This was a motion by the solicitor, in the name of the State, “ to supply and substitute the lost and burned record of the organization of the court and grand jury that found the bill of indictment against William J. Ward, and all the records of the organization of the court, ordered, published and made, and all the records of all the proceedings on the arraignment, trial, conviction and sentence of said…
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From the Circuit Court of Dale. Tried before the Hon. H. D. Clayton. This was a motion by the solicitor, in the name of the State, “ to supply and substitute the lost and burned record of the organization of the court and grand jury that found the bill of indictment against William J. Ward, and all the records of the organization of the court, ordered, published and made, and all the records of all the proceedings on the arraignment, trial, conviction and sentence of said William J. Ward, in the case of the State v. William J. Ward, charged with the murder of Jacob J. Parmer; also, to enroll…
1Opinion of the CourtClopton, J.
Cumulative to the inherent power which the court possesses by virtue of its original and plenary jurisdiction, statutory provision is made for the substitution of the record of any judicial proceeding, suit or judgment of the Circuit Court, which may be lost, burned, or otherwise destroyed. The party proposing to make substitution is required to give the opposite party at least ten days’ notice before the term of the court at which such motion is proposed to be made; which notice shall state the court in which the judgment proposed to be substituted was rendered, the amount and date of the…
2Cases cited2 opinions
- Lilly v. LarkinSupreme Court of Alabama · 1880
- Pruit v. PruitSupreme Court of Alabama · 1869
3Cited by6 opinions
- Wise v. StateSupreme Court of Alabama · 1922
- Whitney v. Jasper Land Co.Supreme Court of Alabama · 1898
- Cameron v. StateAlabama Court of Appeals · 1931
- State ex rel. Tate v. PowellSupreme Court of Alabama · 1913
- Folsom v. CarnleySupreme Court of Alabama · 1923
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